-AMENDED-
BROWN DEER VILLAGE
BOARD
HELD AT THE BROWN DEER VILLAGE HALL
The
meeting was called to order by President Jaberg at
I. Roll
Call
Present: Village
President Jaberg;
Excused: None.
Also Present:
II. Pledge
of Allegiance
III. Public Hearing
A) Consider an Amendment to a Conditional
Use Permit for Extended Hours of Operation at the Hospitality Child Day Care,
Inc.,
Mr.
Thyes reviewed the proposal. Tom
Richter, Commerce Center Property Manager, provided an additional overview of
the proposal. Mr. Richter indicated that
the owners would follow an emergency call list to transport children in the
event children were not picked up at the time of closing. Mr. Richter stated that very specific State
statutes govern the operation of day care centers.
Police
Chief Rinzel expressed concern with regard to the closing time of the facility
and the ability of parents to pick up children before the stated closing time
of
IV.
Persons Desiring to be Heard
Trustee
Askew inquired about the process for addressing items included in the Visioning
Committee report in the future.
V. Consideration
of Minutes:
It was moved by Trustee Krueger
and seconded by Trustee Nealy to approve the
VI. New
Business
A)
Conditional Use Permit for Extended Hours of Operation
at the Hospitality Child Day Care, Inc.,
President
Jaberg reviewed the proposal and discussion at the Plan Commission
meeting. Trustee Baker inquired about
what the applicants define as second shift.
The applicants stated they would work within the parameters of what
would be granted by the Village. Trustee
Baker inquired about what State regulations would be applicable should the children
need to be transported to the day care center operator’s home at closing time. Trustee Baker expressed concern with regard
to sleeping arrangements.
Trustee
Askew inquired about the expected number of children to be enrolled during
second shift.
Trustee
Schilz expressed concern for the safety of the children, inclusive of sleeping
accommodations and child welfare.
Trustee Schilz expressed concern for the potential need for additional
police presence should the hours be expanded.
Mr.
Richter provided clarification on the licensing requirements for day care. Mr. Dineen provided clarification between the
responsibilities of the Village Board and those of the State of
Trustee
Kundinger expressed concern with regard to transportation of children and
associated noise at the
It was moved
by Trustee Krueger and seconded by Trustee Nealy to approve the Conditional
Use Permit for Extended Hours of Operation at the Hospitality Child Day Care,
Inc., 4323 West Bradley Road, for an initial period of six months, with a
closing time of 11 p.m., and use of the front door exclusively during the
extended hours between 7:30 p.m. and 11 p.m.
The motion passed, 4 to 3, with Jaberg, Schilz, and Kundinger
opposing.
B)
Indemnity Agreement between Badger Meter, Inc. and the
Mr.
Pederson introduced the proposal. Mr.
Dineen reviewed the indemnity agreement.
Derek Clayton, Badger Meter Project Manager, provided specifics with
regard to the operation of the antenna. Mr.
Dineen responded to inquiries regarding future removal of the antennas.
It was moved
by Trustee Schilz and seconded by Trustee Krueger to approve the Indemnity
Agreement between Badger Meter, Inc. and the
VII. Department Report – Police Department
Steven Rinzel, Police
Chief, provided an overview of the Police Department and introduced Captain
Shawn Noel and Captain John Graeber.
Captain Noel provided an overview of the Operations component of the
Police Department. Captain Graeber
provided an overview of the Support Services component of the Police
Department.
VIII. Committee
Appointments
It was moved
by President Jaberg and seconded by Trustee Kundinger to appoint Mary
Fitzgerald to the Beautification Committee.
The motion carried unanimously.
IX. Village President's
Report
President Jaberg reported on the following items:
Made a presentation at the Senior Citizen meeting.
X. Village Manager's Report
Mr.
Van Gompel reported on the following items:
The purchase of the property at
Mr.
Pederson reported on the Community Development Authority’s progress to date
with the Bradley Road Corridor Comprehensive Plan of Redevelopment. The CDA has scheduled a Public Hearing for
XI.
Recess into Closed Session pursuant to §19.85 (1)(e)
and (g) Wisconsin Statutes for the following reasons:
Deliberating or
negotiating the purchase of public property and conferring with legal counsel
for the governmental body who is rendering oral or written advice concerning
strategy to be adopted by the body with respect to litigation in which it is or
is likely to become involved.
It was moved
by Trustee Nealy and seconded by Trustee Baker to Recess into Closed
Session pursuant to §19.85 (1)(e) and (g) Wisconsin Statutes at 9:10 p.m. The motion carried unanimously.
XII.
Reconvene
into Open Session for Possible Action on Closed Session Deliberations
It was moved
by Trustee Schilz and seconded by Trustee Kundinger to Reconvene into
Open Session for Possible Action on Closed Session Deliberations at 10:06
p.m. The motion carried unanimously.
VI. New
Business
C)
Consider settlement of Brisben lawsuit and acquisition
of
President
Jaberg reviewed the recently held mediation session and the proposed
settlement.
It was moved by Trustee Schilz
and seconded by President Jaberg to approve the settlement of the
Brisben litigation that provides for the Village’s purchase of the BDGE real
estate subject to the approval of the settlement and payment by the Village’s
insurer CVMIC of an amount of the settlement over the value of real
estate. The motion carried
unanimously.
It was moved by Trustee Schilz
and seconded by President Jaberg to authorize the Village Attorney to
prepare the necessary legal documents to obtain title to the real estate and
for the Village Manager to take the necessary actions and sign any and all
documents to effect the acquisition of the real estate. The motion carried unanimously.
D)
Consider Resolution authorizing borrowing to pay land
acquisition costs.
Brad
Viegut, R.W. Baird, provided an overview of the financing options for the
authorization.
It was moved by Trustee Kundinger
and seconded by Trustee Schilz to adopt Resolution No. 04-01 “A
Resolution Authorizing the Borrowing Not to Exceed $1,675,000 to
XIII. Adjournment
It was moved
by Trustee Schilz and seconded by Trustee Krueger to adjourn. The motion carried unanimously at 10:55 PM.
_______________________________
Russell Van Gompel, Village Manager
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